Tuesday, November 29

The acting Judiciary criticizes the “intolerable attacks” on judges by the “only yes is yes” law

The Permanent Commission of the General Council of the Judiciary (CGPJ) in office issued a statement this Wednesday in which it shows “its strongest rejection” of the “intolerable attacks” made against judges in recent hours “by some political leaders” in relation to the application of the law of “only yes is yes”. “This type of action undermines the confidence of the victims in the Administrations and, singularly, in Justice, increasing their lack of protection,” they maintain. The Permanent Commission is the hard core of the institution made up of the president and six other members.

Sánchez will wait for the courts to “unify doctrine” to study if the law of “only yes is yes” changes

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Likewise, they affirm that the application of the most favorable norm constitutes a basic principle of criminal law and that the judicial decisions known in recent days and issued as a result of the entry into force of that law result from the strict application of these precepts by of members of the judiciary.

On the other hand, they recall that the report made by the body on this law already warned that the new rule entailed a reduction in the maximum limit of some penalties and concluded that “the reduction of the maximum limits of penalties will lead to the review of those sentences in which the maximum penalties have been imposed in accordance with current legislation”.

The Minister for Equality, Irene Montero, has held judges responsible for the reduction in sentences for sexual abusers known this week after the application of the new criminal range of the “law of only yes is yes”. “What is happening is that there are judges who are not complying with the law,” Montero said this Wednesday when asked by journalists. Continuing with the message that the ministry conveyed yesterday, when the cases became known, the head of Equality considers that it is a problem of “machismo” that “can cause judges to misinterpret a law or apply it defectively.” .

This Tuesday, the Government opened the door to make changes to the “only yes is yes” law after two sentences from the Provincial Court of Madrid lowered the sentences of two abusers based on the new regulations. But Pedro Sánchez has made it clear this Wednesday that he does not want to go too fast and is committed to waiting for what the Supreme Court says about it to decide “what steps to take”. “It is up to the courts, to the Prosecutor’s Office, to unify that doctrine. Let’s wait for the courts to unify the doctrine to draw conclusions”, he explained at a press conference in Bali (Indonesia) at the end of the G-20 summit in which he was confident, however, in the “sensitivity” of the judges.


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